Landscaping: Board Not Abiding by By-Laws

I bought into a beautiful 47 year old townhouse condominium in Maryland in 2004 (200+ units). The by-laws state that the Board is responsible for maintaining and replacing shrubbery in common areas. Front beds are common areas.

Apparently, decades ago the Board decided they the homeowners would be responsible for replacing the shrubbery in the front beds, not the Board. As far as I can tell, this decision was by fiat or mutual understanding. I haven't found anything in writing. There was no change in by-laws.

Needless to say, 80% of the homeowners have not/are not replacing shrubbery. 90% of the shrubbery in the community is in the front beds. Apart from the trees, front bed shrubbery is the BONES of the landscaping. Shrubbery now existing is dying, being pulled out and not replaced. The beautiful community that I bought into will soon begin looking seedy. There is no doubt that our property values will not be maintained.

This illegal decision made decades ago (when they should have first begun to slowly replace the shrubbery) has also resulted in an inappropriate, very strong mindset that homeowners who aren't replacing the shrubbery in the front beds "aren't doing their part."

This is clearly the responsibility of the Condominium. When I began raising the issue in 2008, the Board President asked me to head a "Shrubs Replacement Committee." Two other residents and I worked very hard for 2.5 months on a thorough plan. The Board President (at that time) refused to put it on the agenda and permit us to address the Board. The shrubs replacement plan will cost $5.95/month/condo.

I ran for the Board successfully in 2009 on a landscaping and change platform and won by overwhelming numbers and was re-elected this past September -- still receiving the 2nd highest number of votes. The composition of the Board is half "spend no money -- especially for people who aren't doing their part" vs. members like me who are concerned about property values and realize that this is the condo's responsibility.

It is getting tense; and I'm disheartened. Condo fees are supposed to pay for what one uses up -- similar to car rental fees. That didn't happen in this community. Those who lived here for a long time gained a very large equity increase in 2002, based partially on lovely landscaping. That's great! I'd like to feel confident that I will be able to receive that too in 20 years. Yet, now most long-term Board members don't seem to care that those of us who bought more recently are suddenly faced with dead and dying shrubbery that will diminish our property values. We will be left with a far less beautiful community than they had over the previous 20-30 years. If I were in the shoes of long-term resident, I would care and think that wasn't right. And some do, but that aren't on the Board.

What will I/we need to do to make sure the property values in our community are maintained. We are on a precipice and I'm alarmed. Any shared experience/advice/encouragement (especially!) would be much appreciated.

You note that "half" of the board is opposed to spending $ on maintaining these common areas. How many are on your board? An even Number? Either way, what is the argument against replacement/maintenance if everyone would be assessed equally? That some owners will be unduly rewarded for letting their front areas get shabby?

Instead of "punishing" those who've let these areas decline, the board needs to focus on what's best for the entire HOA. Obviously nice grounds benefit all owners on a daily basis when they drive or walk through your community, and in the future when they want to sell.

Is shrub replacement a category on your Reserves Schedule? Should it be?

Since you were reelected handily, perhaps you can persuade those who you think supported you to attend the next board meetings and rally around you.

Suing your HOA is suing yourself and your neighbors. If your not taking actions because your constantly scared of a lawsuit threat, then your not doing anything. It takes a bit of leadership skills and finese, but you have to pull up those bootstraps and get the job done.

I don't believe shabby bushes effect one's home value. It's just NOT on the appraisor list when evaluating your home value. Plus it's not on the list of what Realtor's put out as "sales attractions". Never seen "Great new bushes on this 3 bedroom 2 bath home" in any advertisement...;)

However, I do believe that having bad landscaping or other violations, does distract potential buyer's from being attracted to buying the property. Lord knows your already dealing with a low pool of buyer's to begin with that will baulk at the word "HOA" already...

Think once establishing the fact that one should make the HOA attractive to the current owners' and future buyers, more people would be on board to make the changes. It's just the change they are worried about not the actual work. I would even invite a professional landscaper to come and speak/evaluate at a meeting. That way the right bushes are bought and questions asked. Having a professional do the work also may help in liablity issues as well.

You would be amazed at what people use as reasons to buy or not buy. I am very particular about the landscaping/yard of any home I look at and have used that as a reason for not buying. In fact when I first walk up to a property I am assessing how much money it will cost me to get rid of the "shabby" bushes I don't like or look bad and do factor that into my decision. I would assume I am in the minority but not alone.

I agree BradP. My point is that "shabby bushes" aren't a factor in actual home values. It is the fact that a buyer may not purchase the property because it's not attractive. A Pink Polka-dot 2 story, 3 bedroom 2 bath house can be the same value as a similar Tan colored 2 story/3 bedroom/2 bath house that sold 2 blocks over. However, how many people are in the market for a pink-polka dot house? Bushes are that polka-dot house...Just understand the difference between home value and attractiveness.

I'd still go for replacing the bushes...Just understand that the argument of home value may not stand with some people. Try a different approach such as maintenance. People may respond better to that approach since it sounds like not everyone plans on selling their property.

Thanks to all. I so appreciate your responses! It is well established that landscaping significantly affects property values and what type of people the community attracts as buyers. I too look at beautiful grounds as a meaningful first impression when I am looking to buy. Not to mention that all the "Curb Appeal" shows would not exist if landscaping wasn't critical.

The Board Members all volunteer a great deal of time; but there are only two devoted “physical labor” volunteers in the community. The rest of the residents either have physical limitations, or are too busy with various life circumstances. This is a condominium which has a higher level of services than most HOAs. Like me, I think people tend to buy in condominiums when they don't have much time (or ability to shovel snow for example). We only have 8 people show up for well advertised annual meetings!

There are 160-175 front beds that need shrubbery replacement. This is now a commercial-level endeavor. If the Board had begun replacing 5 per year 22 years ago, they might have been able to do that on a volunteer basis. We are now too far behind.

The number of Board members is 9. One long-timer shifts from side to side. Right now, he would approve a TRIAL of the Shrubs Replacement plan; and that's a start! There will be 4 Board members passionately against even the TRIAL. Those members talk to many others in the community, so I was surprised that I didn't lose more votes this last September during the elections. That’s an encouraging sign, I hope.

Prior to this fall, the landscaping budget had been decimated – down to $3,000/year for 200+ units. I discovered that the landscaping budget over the last 20 years has never been sufficient for a community this size. When you think that we are now 47 years old with shabby shrubbery, it’s not good.

This Fall, as chair of the Landscaping Committee, I was able fight hard to get $5K of selective pruning and clean-up work done in the community. That is the first time anything like this has happened since I moved here in 2004. We received only one complaint and mostly gratitude.

Although it will be a contentious vote, I think the shrubs replacement TRIAL is a good start. I'm hopeful that it will reveal mostly gratitude in the community. My guess is that we need to get one more supportive Board member in September 2012.

BUSINESS JUDGMENT RULE: I forgot to mention that in 2008, the Board President (at that time) got a letter from the Board’s attorney that said the “business judgment rule” protected the Board in this case. I have since found a case in NJ where a resident sued because the Board kept fees so low they couldn’t maintain things at a level that protected property values. The Board claimed “business judgment rule” and the court found AGAINST the Board saying the Board is responsible to keep the fees at a high enough level to maintain property values. So, I think suing would be an option, but I certainly don’t want to do that. (...although there are under-water residents who might...)

Thanks again for all your responses! They are so interesting to read and I learn more and more.